IN THE CASE OF:	

		BOARD DATE:	4 August 2009  

		DOCKET NUMBER:  AR20090004547 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for award of the Purple Heart.

2.  The applicant states, in effect, that he injured his eye while serving in the 341st Infantry Regiment of the 86th Infantry Division on the front lines during World War II.  He continues that he was admitted to the 28th Station Hospital located in Lahar, France, and underwent surgery on his eye.  The applicant also states that he believes all the men who were involved in the same conflict were awarded the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC98-07822, on 27 May 1998.

2.  The applicant provides a new argument that he was admitted to the 28th Station Hospital located in Lahar, France, and underwent surgery on his eye, which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.
3.  The applicant's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 23 January 1943 and entered active duty on 31 January 1943.  The applicant's military occupational specialty (MOS) at the time of separation was Anti Tank Gunner (610).  This form also shows that he served in the European Theater of Operations for a period of 5 months and 23 days.  The applicant held the rank of corporal on the date of his separation.  The applicant was demobilized on 31 January 1946, after completing a total of 3 years and 9 days of active military service.

5.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows he participated in the Northern France, Ardennes, Rhineland, and Central European campaigns.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 does not show award of the Purple Heart.  Additionally, there is no indication of receipt of the Purple Heart annotated elsewhere on this form.  Item 34 (Wounds Received in Action) of this form shows "None," which indicates the applicant did not sustain any wounds in combat and the applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated) on the date of his separation.

7.  The United States Army, Surgeon General's Office, Hospitalization File Listing for the year 1945 shows the applicant was hospitalized on two occasions:

	a.  On 27 May 1945, he was admitted to a Field Hospital, located overseas, for treatment of a disease.  The file shows the applicant was diagnosed with a disease which was determined to be a corneal ulcer.  The applicant remained in the hospital for a period of two days.

	b.  On 2 June 1945, the applicant was admitted to a Station Hospital, located overseas, for treatment of a disease.  In addition to the applicant's initial diagnosis of a corneal ulcer, the file shows and a second diagnosis of chronic tonsilitis and a third diagnosis of an enterobius (oxyuris - pinworms) infection.  The file further shows the applicant underwent a tonsilectomy (removal of tonsils).  The applicant remained in the hospital for a period of 34 days.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart due to injuries he received during hostile action was carefully considered.

2.  The applicant's WD AGO 53-55 does not show award of the Purple Heart or that he sustained any wounds in combat.  

3.  Although the Office of the Surgeon General's Hospitalization File Listing for the year 1945 shows the applicant was hospitalized on two occasions, it clearly shows that he was admitted for treatment of diseases, not wounds.

4.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.

5.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AC98-07822, dated 27 May 1998.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090004547



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ABCMR Record of Proceedings (cont)                                         AR20090004547



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